GULF OIL CORP. v. KOSYDAR

No. 75-497.

44 Ohio St. 2d 208 (1975)

GULF OIL CORPORATION, APPELLANT, v. KOSYDAR, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 31, 1975.


Attorney(s) appearing for the Case

Messrs. Glander, Brant, Ledman & Newman, Mr. James H. Ledman, and Mr. C. Emory Glander, for appellant.

Mr. William J. Brown, attorney general, and Mr. John C. Duffy, Jr., for appellee.


CELEBREZZE, J.

The issue before the court, as it was before the Tax Commissioner and the Board of Tax Appeals, concerns construction of the "business done" apportionment formula contained in R. C. 5733.05 as it applied to tax years 1970 and 1971.

At that time, R. C. 5733.05 provided, in pertinent part:

"* * * take the other part and multiply by a fraction whose numerator is the value of the business done, measured by sales of tangible personal property...

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